THE REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CIVIL CASE NO. 3063 OF 1996.PAUL NDERITU NDUNGU AND TWO OTHERS==========PLAINTIFF
VERSUS- PASHITO HOLDINGS LIMITED====================1 ST DEFENDANT
- SHITAL. BHANDARI============================2 ND DEFENDANT
RULING.
At the center of these proceedings are two parcels of land originally known as Nairobi/block
90/229 situated at Loresho within the city of Nairobi. Loresho estate is a private development
originally comprising of I.R.No.5952 and 1653. These two parcels of land were sub-divided in or
about 1976, as shown in the sub-division scheme dated 30th January, 1976 which was approved
by the commissioner of lands on or about 28th November 1977.
In the said sub-division scheme, several parcels of land were reserved for public utility namely:
- A shopping center, a water reservoir, a police station, a nursery school and a water tower. For
purposes of these proceedings, only the parcels reserved for a police station and a water
reservoir are in issue. - From the undisputed facts before me, by a registry index map No.148/2 dated 16.12.1993.
The commissioner of lands purported to cancel title No. Nairobi/block 90/575 to 580
inclusive. All the said six plots are in the name of the first defendant Pashito Holdings.
By another Registry index Map No. 148/2 and 3 dated 17/1/96.the Commissioner of Lands
purported to cancel title number Nairobi/Block 90/229 reserved for the water reservoir and made
out three sub-plots now bearing Nos. Nairobi/block 90/586 inclusive. All the three plots are in the
name of the second defendant Shital Bhandari.
By dint of a plaint dated and filed on 11th December, 1996. The plaintiffs have moved the court
for three dollars as follows:
- A declaration that neither the commissioner of lands nor any other person has a right to
alienate public lands or any part thereof to any person for any use other than that which such
public lands are reserved and except as provided for in the relevant laws and statutes. - A declaration that the allocation to the defendants or to any other person to whom the
defendants have respectively derived title to all those pieces of land known as Nairobi/block
575 to 580 (inclusive) and Nairobi/block 90/584 to 586 is null an void AB-INITIO. - A permanent injunction restraining the defendants, whether by themselves, their respective
servants and or agents from taking possession of fencing and or in any other way howsoever
developing or selling all these pieces or parcels of land known as Nairobi/Block 90/575 to
580 (inclusive) and Nairobi/Block 90/584 to 586 (inclusive).
The defendants are named as Pashito Holdings limited and Shital Bhandari.
Alongside the plaint the named plaintiffs filed two applications by way of chamber summons.
The first is under order I Rules 8 10(2) and 12 of the Civil Procedure Rules which sought leave to